HomeMy WebLinkAbout17927 ORD - 11/09/1983AN ORDINANCE
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AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE MAIN LIBRARY
SITE LAND ACQUISITION PROJECT; APPROPRIATING $177,749; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute the
documents necessary for the acquisition of parcel 2 in connection with the Main
Library Site Land Acquisition Project, a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $177,749 out of the
Library Bond Fund, applicable to Project Number 269-82-1, for this acquisition.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to take
immediate action to preserve and protect public property by expediting the
purchase of land necessary for the abovementioned Main Library Site Land
Acquisition Project, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon ordinances or
resolutions at three regular meetings so that this ordinance is passed and shall
take effect upon first reading as an emergency measure this the 9th day of
November, 1983.
ATTEST:
APPROVED G/ '"` DAY OF NOVEMBER, 1983
Bruch/'e Aycock, Qty Attorney
1792'7
MAYOR
THE CIT F CORPUS CHRISTI, TEXAS
SEP 28 1994
MICROFILMED
MAIN LIBRARY SI,TE LAND ACQUISITION (1982)
-Comanche/Blucher Sts. between Carrizo & N. Tancahua Sts.
Parcel 2
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This memorandum of agreement made and entered into by and between
Ruth Clark a/k/a Ruth D. Clark,
hereinafter called Seller(s), of the County of Nueces, State of Texas,
and the City of Corpus Christi, hereinafter called Buyer, of the County
of Nueces, State of Texas,
W ITNES-SETH:
1. The Seller(s), for the consideration and upon the terms here-
inafter set out, hereby agree to sell and convey unto Buyer, and Buyer
agrees to buy the following described property situated in Nueces
County, Texas, to -wit:
Lot 7, and portion of Lots 8 and
9, Block 15, of the Bluff Portion
of the City of Corpus Christi,
Nueces County, Texas, as shown by
the map or plat thereof, recorded
in Volume A, Page 3, Map Records
of Nueces County, Texas.
Page 1 of 4
Ib. A
2. The purchase price is One hundred Seventy-five Thousand
Dollars and no cents ($175,000.00).
3. The Seller(s) shall provide at the expense of Buyer, a title
insurance policy, without exceptions to said title being made in said
title policy, which policy shall wholly insure and indemnify the Buyer
against any title defects or adverse claims thereto. Said title in-
surance policy shall be issued through a reliable title insurance
company and shall be delivered to the Buyer on the date of the
closing of this transaction.!'-�� "fr`G%r/�l/ t i,lJz*,u✓ir"✓&61.
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4. Upon the securing of the title insurance policy provided for -e n,"
herein, Seller(s) agree(s) to deliver at the expense of Buyer a good
and sufficient general warranty deed drawn in accordance with the pro-,
visions of this contract, properly conveying said property to said
Buyer, and Buyer agrees thereupon to make the cash payment.
5. All taxes to be paid by Seller(s) up to and including the year
1982.
6. All current taxes, if any, are to be prorated between the Buyer
and the Seller(s) for the year 1983 to date of closing, except as may be
herein otherwise provided.
7, Buyer has this day deposited with the title insurance company
or title guaranty company the sum of $10,000 as earnest money here-
under to be applied on the cash payment above set out when the trans-
action is closed, at which time the balance of cash consideration shall
also be paid. Should the Buyer fail to consumate this contract as here-
in specified for any reason, except title defects, the Seller(s) shall
be entitled to receive said cash deposit as liquidated damages for the
breach of this contract, or may at their option, enforce specific per-
formance hereof. When the executed deed and any other necessary exe-
cuted papers and the balance of the cash payment are in possession of
the title insurance company or title guaranty company said title company
will close the transaction in accordance with its usual and customary
"Real Estate Sales Contract"
MAIN LIBRARY SITE
Parcel 2 (Clark)
-2-
procedure. In the event Seller(s) fail(s) to tender a deed. conveying
said property in accordance with the terms of the contract within the
time provided herein, the Buyer may enforce performance of this contract
by an action for specific performance thereof.
8. The Buyer agrees to accept title subject to all outstanding
restrictive covenants and use restrictions, if any, of record, and. all
city zoning and regulatory ordinances, if any, applicable to said
property.
9. It is understood by all parties hereto that this transaction
is to be closed through the title insurance company or title guaranty
company on or before ninety (90) days from this date. Possession to
be given to Buyer
Seller(s).
upon execution of "Warranty Deed" by -
10.
y
10. By Seller() execution hereof, Seller(s) acknowledge(s) that
he (she) (they) have read this agreement and understand that this a-
greement is not binding on Buyer until properly authorized by the City
Council and executed by the City Manager of the City of Corpus Christi,
Texas. It is further understood, however, that Buyer must execute
this agreement within sixty (60) days from the date of Seller(s)
execution or this agreement shall be null and void and none of the
provisions hereinabove set out will bind either party.
"Real Estate Sales Contract"
MAIN LIBRARY SITE
Parcel 2 (Clark)
-3-
EXECUTED in triplicate, either copy of which shall constitute an original, on
this -.x�i day of �i �� _., 1983 .
Ruth Clark a/k/a Ruth D. Clark
SELLERS
ATTEST:
Bill G. Read
City Secretary
APPROVED:
CITY OF CORPUS CHRISTI, TEXAS
By
Edward A. Martin
City Manager
BUYER
�f DAY OF , 1983 .
J. BRUCE AYCOCK, CITY ATTORNEY
By / wv %��
Assistant City Wcttorney
James K. Lontos, P.E.
Assistant City Manager
THE STATE OE TEXAS
COUNTY OF NUECES
X
x
This instrument was acknowledged before me on , 1983 by
Edward A. Martin as City Manager of the City of Corpus Christi, Texas.
Notary Public in and for the State of Texas
(NOTE: Please print, type, or stamp name +
expiration date of notary below)
THE STATE OF TEXAS X
COUNTY OF NUECES X
This instrument was acknowledged before me on , 198 3
by Ruth Clark a/k/a Ruth D. Clark.
Notary Public iri and for the State of Texas
(NOTE: Please print, type, or sump- name +
expiration date of notary below) i
�i,
'Aa'/P-- d• (r,E wa. /DOG')
"Real Estate Sales Contract"
MAIN LIBRARY SITE
Parcel 2
Page 4 of 4
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
November 8, 1983
I certify to the City Council that $ 177,749.00 , the anoint required for
the contract, agreement, obligation or expenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Fund No. and Name 269 Library Bond Fund
Project No. 269-82-1
Project Name Central Public Library Site Land Acquisition
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
-acquisition
Main Library Site Land Acq.
Parcel 2 (Clark)
FIN 2-55
Revised 7/31/69
1/— cr , 1983
cifcettr44 drian-/ace
Corp s Christi, Texas
day of
, 198.5
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter ruTe
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY 0 CORPUS CHRISTI, TEXAS
The above ordinance was passed ; the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr_ Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
17927